Let's Get It Out Of The Way! 15 Things About Auto Accident Claim We're Tired Of Hearing
The Intake Process for Car Accident Litigation
A lawyer who is specialized in car accident litigation can assist you in determining how strong your case is and how the settlement may be worth. However, this is only possible if you have all the relevant information.
The first step in a car crash lawsuit is called discovery. In this phase, attorneys and their teams will exchange documents and ask questions under the oath.
Documentation
Documentation is a significant aspect of the investigation in the event of a car crash. This could include evidence like photographs, medical records, or witness statements. Generally speaking, the more evidence you have to back your claim the stronger your claim will be.
The first piece of documentation you should have is a police report. Typically, the police officer who arrives at the scene of the accident will prepare a report, and this will provide important information about how the accident occurred and who was at fault for the incident.
If necessary you need to, your attorney can make use of a police report to gather additional evidence. For instance, if the accident happened in a business, an employee at that site might have recorded video footage of the incident. If this is the case a copy of the tape must be requested from the business as quickly as possible.
It is also important to document any expenses you incurred as a result of the accident. These could include medical bills and records for your treatment, receipts for medications, rental car fees and in-home assistance or care, transportation costs, and much more. Additionally, you must record any income loss due to your injury. This could include old pay stubs as well as tax returns.
If you can, collect the names of witnesses to the incident as well. They may be able provide valuable information, especially if you are able to have them be a witness in court. It's important to keep in mind that witnesses could alter their story and forget details about the accident over time.
Intake and Investigation
If you have made an insurance claim with an company or are preparing a lawsuit against an at-fault driver, the process of intake is essential for obtaining the fair and complete compensation you deserve for the injuries you sustained in a crash. Your attorney will begin by looking over your medical records, and obtaining copies of accident reports as well as other evidence. They will also visit and document the accident scene.
This will allow them to assess the severity of injuries you have suffered, both in terms cost and projections for your emotional or physical suffering. Then, they will review your financial losses to determine the value of your case. The damages could include not just future and present medical expenses, but also your loss of income as well as property damage.
Your lawyer will also investigate the incident, including speaking with witnesses and analyzing any evidence. They will also gather data from the cell phone and driving records of the drivers who were at fault to determine how they operated their vehicle at that time. This is especially crucial if the crash involved an Uber or Lyft vehicle or any other indication that the driver was working while at work, as it could affect their ability to cover your damages.
In addition to this, your attorney will likely inquire about the defendant's previous criminal and traffic offence history in the discovery process. In general, these information are not admissible in court but they can be useful to discredit the credibility of the defendant during cross-examination.
The process of negotiating a settlement
After you've obtained the medical documents, your lawyer can begin negotiations to settle the matter. The insurance company will often make an initial offer that is much smaller than the amount that you demanded in your letter. This is a tactic to test how convincing your case is. In your counteroffer, it's important to highlight the strongest arguments you have to your advantage. For example, that the insurer was in the wrong and that there were serious injuries as well as the medical costs were high. Eventually, negotiations back and forth will lead to an amount that is fair and reasonable.
A skilled attorney for accidents can effectively argue the merits of your case, by presenting evidence to prove your losses. This could include photos of the car's damage or a police report, as well as witness testimony. We have the ability to calculate various aspects of your claim, including loss of income as well as pain and suffering, and police reports.
If the insurance company is unwilling to pay an appropriate amount at this point, we could start a lawsuit. A trial typically lasts between one and two days. It can be heard by an individual judge (called a bench trial) or by a jury. If your case is settled prior to reaching this phase the process could last months. auto accident lawsuit las cruces may also be able file a summary motion to enter judgment. This involves arguing that all evidence is in your favor, and arguing that it is impossible for the opposition to prevail.
Filing an action
In a majority of cases involving car accidents, the parties are able to resolve their disagreement outside of court. Our team will help you negotiate with the insurance company of the driver who caused the accident or directly with the party responsible for the accident. However, if an agreement cannot be reached the lawyers of our firm will start a lawsuit against the defendant. The Complaint will contain your claims and allegations about the accident and the reasons why you are entitled to compensation. The defendant is served the Complaint and given a specified time frame to respond.
The discovery phase is when our lawyers and the defendant begin to exchange documents and other materials as they ask questions via interrogatories or depositions. Our team will pose questions to the lawyer for the defendant about their perspective on the events, such as what injuries you've suffered and how they believe it took place. We will also solicit expert opinions that support our position.
During the discovery process your lawyer may submit legal documents, also known as motions to the court for a judge's ruling on. This may include requests for the court to omit certain evidence or to set the date for a trial. It can take up one year for the investigation process to be completed and a trial date set. This is why it's important to partner with an experienced Long Island car accident attorney early on in the process.